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HomeMy WebLinkAbout2009-7 - 701-707 Lido Park DriveRESOLUTION NO. 2009- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE CITY'S ACCEPTANCE OF AN IRREVOCABLE OFFER TO DEDICATE A PUBLIC ACCESS EASEMENT WHEREAS, the City of Newport Beach has an approved Coastal Land Use Plan which promotes the goal of providing access to the shoreline and protection of various uses in the Bay; and WHEREAS, the California Coastal Commission has secured an Irrevocable Offer to Dedicate a Public Access Easement, more particularly described in Exhibit "A" of the Certificate of Acceptance attached hereto and by reference made a part hereof, from individual property owners in Newport Beach, and WHEREAS, City staff has reviewed this Irrevocable Offer to Dedicate a Public Access Easement and has determined that acceptance of the Irrevocable Offer to Dedicate by the City would be beneficial to the City and the public in general; and WHEREAS, said Irrevocable Offer to Dedicate a Public Access Easement has been presented to this City Council for its consideration and acceptance, and WHEREAS, City staff has reviewed the Irrevocable Offer to Dedicate a Public Access Easement and recommends that the Irrevocable Offer to Dedicate a Public Access Easement be accepted. NOW, THEREFORE, BE IT RESOLVED that the City of Newport Beach that it hereby accepts the interests in real property conveyed by the Irrevocable Offer to Dedicate a Public Access Easement filed for record in the Official Records at the office of the Orange County Recorder as described in Exhibit "A" of the attached Certificate of Acceptance, and the City of Newport Beach authorizes and directs the City Manager or his designee to execute and record in said Official Records the aforementioneAd Qertific to f Acceptance. ADOPTED this 24th Day of February, 2009 CITY CLERK Exhibit A to Resolution RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060 -4508 (Legal Division) STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code §27383 CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real properties conveyed by the Irrevocable Offers to Dedicate identified in Exhibit A, attached hereto and incorporated herein by reference, and recorded in the Official Records of Orange County, are hereby accepted by the City of Newport Beach, a political subdivision of the State of California, on the date of recording, pursuant to authority conferred by Resolution No. of the City Council of the City of Newport Beach adopted on February 24, 2009, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH On , before me, , a Notary Public personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC ACKNOWLEDGMENT BY THE CALIFORNIA COASTAL COMMISSION OF ACCEPTANCE OF IRREVOCABLE OFFERS TO DEDICATE This is to certify that the City of Newport Beach is a political subdivision of the State of California, acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Irrevocable Offer to Dedicate described in the aforementioned Exhibit A, and filed in the Official Records at the office of the County Recorder of Orange County. Dated: CALIFORNIA COASTAL COMMISSION John Bowers, Staff Counsel STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, JEFF G. STABEN, a Notary Public personally appeared JOHN BOWERS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herttheir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC Exhibit A to the Certificate of Acceptance One Irrevocable Offer to Dedicate a Public Access Easement City of Newport Beach, California GRANTOR PERMIT ADDRESS NO. 701 Lido Park 5 -88 -004 701 -707 Lido Park Partnership Drive Fluter, Russ (Public Access OTD) STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -7 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of February, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of February, 2009. (Seal) iA City Clerk Newport Beach, California